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MASSACHUSETTS BAY TRANSP. AUTHORITY v. U.S.

No. 96-5128.

129 F.3d 1226 (1997)

MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Decided November 3, 1997.

Attorney(s) appearing for the Case

Rudolph F. Pierce, Goulston & Storrs, of Boston, MA, argued for plaintiff-appellant. With him on the brief was William A. Horne.

Agnes M. Brown, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief was Gareth Rosenau, Federal Railroad Administration, of Washington, DC.

Before RICH, NEWMAN and CLEVENGER, Circuit Judges.

NEWMAN, Circuit Judge.

In this dispute arising from the renovation of Boston's South Station, the Massachusetts Bay Transportation Authority ("MBTA") appeals the grants of summary judgment by the Court of Federal Claims,1 ruling that MBTA has no entitlement to recover against the United States for any breaches of contract that may have occurred. The Court of Federal Claims held that a warranty disclaimer provision in the contract between...

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